LTB Order LTB-L-104812-24

Order under Section 69/88.2 Residential Tenancies Act, 2006 Citation: S. v F., 2025 ONLTB 39852 Date: 2025-05-26 File Number: LTB-L-104812-24 In the matter of: Main floor, 8 ROBINS AVE HAMILTON ON L8H4M7 Between: A.R.S. Landlord MAY 26, 2025 And M.F. Tenants Karrie Lynn Hurst Kaylynn Hurst A.R.S. (the 'Landlord') applied for an order to terminate the tenancy and evict M.F., Karrie Lynn Hurst and Kaylynn Hurst (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The Landlord also applied for an order requiring the Tenants to pay the Landlord's reasonable out-of-pocket expenses that are the result of the Tenants’ failure to pay utility costs they were required to pay under the terms of the tenancy agreement. This application was heard by videoconference on April 28, 2025. Only the Landlord attended the hearing. As of 9:58 a.m., the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. L1 Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Non- payment of Rent (N4 Notice). The Tenants did not void the notice by paying the amount of rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. 2. As of the hearing date, the Tenants were still in possession of the rental unit. 3. The lawful rent is $2,000.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $65.75. This amount is calculated as follows: $2,000.00 x 12, divided by 365 days. 5. The Tenants have not made any payments since the application was filed. Order Page 1 of 6  File Number: LTB-L-104812-24 6. The rent arrears owing to April 30,2025 are $10,000.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $2,000.00 from the Tenants and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $142.88 is owing to the Tenants for the period from September 25, 2024, to April 28, 2025. 10. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (the 'Act'), including whether the Landlord attempted to negotiate a repayment agreement with the Tenants, and find the Landlord did attempt to negotiate repayment of the arrears of rent. In making this finding I considered the Landlord’s uncontested evidence that the Landlord reached out to the Tenants and the Tenants did not respond. 11. As the Tenants did not attend and no other circumstances were presented to me, I find it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. 4 L2 Determinations: 12. At the hearing, the Landlord, confirmed the Landlord was seeking an amendment to the L2 Application to amend the sum of the utility arrears to $1,075.96 from $249.40, simply due to the passage of time and further billing by the for hydro (Alectra Utilities), water and gas (enbridge) utilities. 13. An application can be amended during a hearing where the Board is satisfied the amendment is appropriate, would not prejudice any party, and is consistent with a fair and expeditious proceeding. In this circumstance, I find that it is appropriate to amend the application to reflect the correct sum of utility arrears the Landlord is seeking in this application. 14. The Tenants failed to pay 60% of the water, gas and hydro costs that they were required to pay under the terms of the tenancy agreement. 15. The Landlord has incurred reasonable out-of-pocket expenses of $1075.96 because of the Tenants’ failure to pay these utilities. The Landlords submitted documentary evidence of the aforementioned utility charges and these bills were all uploaded to the Ontario Tribunals Portal. Copies of the bills for these charges were provided at the hearing, and a tenancy agreement submitted indicating that these charges were the responsibility of the Tenants. Further the Landlord confirmed these bills were provided to the Tenants. 16. The Landlord has proven that the Tenants failed to pay water, hydro and gas that they were required to pay under the terms of the tenancy agreement. Therefore, I am satisfied that the Landlord has incurred $1,075.96 in out-of-pocket expenses. Hence, the Landlord’s Order Page 2 of 6  File Number: LTB-L-104812-24 request for compensation for the Tenants’ failure to pay utility costs pursuant to s.88.2 of the Act is granted. 17. This order contains all of the reasons within it and no further reasons will be issued. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $12,186.00 if the payment is made on or before May 31, 2025. See Schedule 1 for the calculation of the amount owing. OR • $14,186.00 if the payment is made on or before June 6,2025. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants have paid the full amount owing as ordered plus any additional rent that became due after June 6, 2025 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before June 6, 2025. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $7,884.12. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 4 6. The Tenant shall also pay the Landlord compensation of 65.75 per day for compensation for the use of the unit starting April 29, 2025, until the date the Tenants move out. 7. The Tenants shall also pay the Landlord $1,075.96 which represents the reasonable out of pocket expenses the Landlord has incurred as a result of the unpaid utility costs. 8. If the Tenants do not pay the Landlord the full amount owing on or before June 6, 2025, the Tenants will start to owe interest. This will be simple interest calculated from June 7, 2025, at 5.00% annually on the balance outstanding. 9. If the unit is not vacated on or before June 6, 2025, then starting June 7, 2025, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after June 7, 2025. Order Page 3 of 6  File Number: LTB-L-104812-24 May 26, 2025 ____________________________ Date Issued Panagiotis Peter Roupas Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 7, 2025 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. Order Page 4 of 6  File Number: LTB-L-104812-24 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before May 31, 2025 Rent Owing To May 31, 2025 $12,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $12,186.00 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before June 6, 2025 Rent Owing To June 30, 2025 $14,000.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $14,186.00 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $9,841.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,000.00 Less the amount of the interest on the last month's rent deposit - $142.88 Order Page 5 of 6  File Number: LTB-L-104812-24 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $7,884.12 Plus daily compensation owing for each day of occupation starting $65.75 April 29, 2025 (per day) Order Page 6 of 6